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IN RE ESTATE OF SMITH

No. 15278.

401 N.W.2d 736 (1987)

In re ESTATE OF Louis SMITH.

Supreme Court of South Dakota.

Decided March 4, 1987.

Attorney(s) appearing for the Case

Raymond Gallagher, Redfield, for appellee, Ann Smith.

David L. Ganje, Aberdeen, for appellants, Randy Smith, Barry Smith, and Karel Hammer.

MORGAN, Justice.

This appeal arises out of the probate proceedings involving the estate of Louis Smith (Louis). Surviving spouse Ann Smith (Ann) petitioned for and was awarded her elective share of the estate. Smith's natural children (Children) appeal the award of the elective share to Ann. We affirm in part, reverse in part, and remand.

At the time of his death on June 9, 1983, Louis was sixty years old and had...

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